(A) Buffering.
(1) The intent and purpose of the buffer zone is to protect residential uses from the negative impacts associated with nonresidential uses where residential and nonresidential uses abut. These negative impacts include noise, debris, odors, dust, dirt, traffic, soil erosion, rain water runoff and in some cases visible aspects of the abutting use. The buffer zone is also intended to prevent and improve blight in both residential and business areas by encouraging improvements to uses that abut residential districts.
(a) The objectives of this approach are:
1. To give the Planning Commission and the proponent as much opportunity to achieve the regulations by any suitable means; and
2. To encourage business owners to continue to invest in commercial improvements, including relocating on lots where a strict interpretation of the distance requirement cannot be met.
(b) Buffers are required on business or industrial property on the side that abuts residentially zoned property. Buffers are required even when the adjacent lot is unimproved. A buffer will be required when any parcel used for business or industrial purposes is expanded by way of an addition or demolition or a special land use approval is requested or a site plan review is requested. Buffers are not required on business lots that are already developed as such.
(c) A buffer may consist of both a physical distance separation and a physical sight, sound and odor separation as described in this chapter by a fence, wall, berm or screen. In all cases, the buffer plan shall incorporate the equivalent of one canopy tree and one evergreen tree per 30 lineal feet or fraction of buffer area length.
(d) The Planning Commission shall determine the character of the buffer based on the following criteria:
1. Traffic impact;
2. Increased building and parking lot coverage;
3. Increased outdoor sales, display and manufacturing area;
4. Physical characteristics of the site and surrounding area such as topography, vegetation and the like;
5. Visual, noise and air pollution levels; and
6. Health, safety and welfare of the city.
(2) Buffer options:
(a) Buffer area width: a greenbelt alone may serve as a buffer. In lieu of trees, shrubs, berms, fences or walls, the table below shows the distances required between zones, in addition to the required yard on the side on which a residential district abuts a business or industrial district:
District | Distance from R-1, R-2, R-3 Zones |
I | 45 feet |
B | 30 feet |
(b) In this buffer zone, all areas outside of planting beds shall be covered with grass or other living ground cover; and
(c) Continuous rolling screen six feet in height comprised of plant material, berming, screen walls or fences or any combination of these elements is required.
(3) Construction standards:
(a) If a screen wall or fence is used for all or part of the buffer area, then:
1. The equivalent of two shrubs are required per 30 feet of wall or fence with at least 50% being 24 inches high at the time of planting and none being less than 12 inches at the time of planting; and
2. All required plants shall be placed on the side facing the exterior.
(b) If a berm is used for part of the buffer, the guiding principle for berms is that if they do not provide six feet of screening by themselves, then plant material, screen walls or fences shall bring the screen to a minimum of six feet above grade. If a berm is used for all or part of the buffer zone, all required plant material shall be placed on top and side slopes facing the exterior of the site.
1. Berms shall be constructed so as to maintain a side slope not to exceed one foot rise to three foot run ratio.
2. Berm areas not containing planting beds shall be covered with grass or living ground cover maintained in a healthy growing condition.
3. Berms shall be constructed in such a manner so as not to alter drainage patterns on site or adjacent properties or obstruct vision for reasons of safety, ingress or egress.
4. If a berm is constructed with a retaining wall or by terracing, the earthen slope shall face the exterior of the site.
(c) If berming is used for all or part of the buffer zone, all required plant material shall be placed on top and side slopes facing the exterior of the site.
(d) Buffers are required to extend into the front yard area but shall not be closer to a road right-of way than 15 feet. The Planning Commission may require the buffer to extend to the road right-of-way if it deems it necessary to accomplish the intent of this chapter.
(e) All plantings including grass must be maintained in good healthy condition and must be replaced if they should die at any time.
(f) Buffer areas may be required to be designed by a person who is a licensed landscaper, certified landscape designer, engineer or architect. A drawing of all required landscaping, top and side profile, must be submitted to the Planning Commission for review prior to site plan approval.
(g) The Planning Commission may require a performance bond, cash, irrevocable letter of credit or other similar financial assurance satisfactory to the city. All financial deposits must be deposited with the city prior to the issuance of a building permit, in the amount of the Planning Commission’s estimated cost of installing landscaping on a parcel and shall be held until all approved landscaping is installed. If landscaping is not installed in accordance with the approved site plan as determined solely by the city, the deposited financial assurance may be used to install the required landscaping and only any unused portion thereof will be returned.
(B) Parking of commercial vehicles in residential zones. Commercial vehicles, truck and/or trailers with a rated capacity exceeding one ton shall not be parked or stored on residentially zoned property or on city streets within residential districts. This prohibition is not intended to prevent parking for the purpose of stopping for deliveries.
(C) Required area or space.
(1) No lot, or lots in common ownership and no yard, court, parking area or other space shall be divided, altered or reduced to make its area dimensions less than the minimum required under this chapter, and the area or dimension shall not be further divided or reduced.
(2) Where the lot plan presented in the application for a permit includes more than one recorded lot, the Building Inspector shall execute an affidavit in which the facts related to the use of the platted lots, or parts of platted lots, shall be stated and shall cause the plat and affidavit to be recorded in the office of the Register of Deeds in the county, with the cost of recording to be borne by the applicant.
(a) Minimum lot frontage. The front lot lines of all parcels shall abut a public street and shall have a contiguous permanent frontage at the front lot line equal to the required parcel width. Flag lots are not permitted. In the case of a cul-de-sac, parcel width is measured at the front yard setback line.
(b) Space used once. Any yard or other open space provided around any building or structure for the purpose of complying with the provisions of this chapter shall not again be used as a yard or other required open space for another building or structure except where one is to be demolished upon completion of the other.
(Ord. passed 11-2-2005)